How Does A Stay of Adjudication Impact Immigration?
Recently I was asked the following question:
I'm considering accepting a "Stay of Adjudication" plea, in a pending criminal sexual conduct case. I also have a pending asylum application. I need to know, would accepting this still type of plea make me removable as far as the DHS is concerned? Should I just risk trial then if my worst fear is deportation?
A "stay of adjudication" represents a full conviction for immigration purposes. So if you plead guilty, with "stay of adjudication," to a criminal charge, you'll have to see if that criminal charge itself impacts immigration. In your case, you would still be deportable with a Stay of Adjudication to criminal sexual conduct. If it was a Stay of Adjud to disorderly conduct, then you would probably be fine. A noncitizen should ALWAYS have an experienced immigration attorney help or represent them in a criminal charge! There are just too many nuances!